Power of Attorney
A Power of Attorney is a document by which authority is given by you to a person or persons, known as your Attorney/s, to do something on your behalf. The person appointing an Attorney is known as the “donor”. Any adult who has the mental capacity to do so can appoint an Attorney who can be any adult person or persons you know and trust or can be a company. Examples are your spouse, son, daughter, relative or friend. If you decide to appoint more than one Attorney, you can appoint them to act jointly or jointly and severally. If two or more Attorneys are appointed to act jointly, they are obliged to carry out their responsibilities together. If they are appointed to act jointly and severally, any one or more of them can act on your behalf at any given time.
Our legal system recognises the fundamental right of a person to dispose of property as he or she wishes upon death.
There are, however, circumstances under which a Will may be contested including:
- Where the Will has been incorrectly executed or tampered with;
- Where the Will was made at a time the person did not have the necessary capacity to make the Will or the Will was made as a result of pressure from another person.
- Actions commonly known as Testator’s Family Maintenance (TFM) or Part IV Applications.